People v. Smith

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with both the trial court and the Appellate Division majority that the juror’s conduct did not rise to the level of the “conscious, contrived experimentation” found to be misconduct in People v Brown (48 NY2d 388, 394). Rather, the juror’s evaluation of the ability to observe the interior of an automobile through its rear window, made while walking to dinner between deliberations and again while riding in a bus with jurors to the hotel after being sequestered, is properly classified as an everyday…